Solitary Enfranchisement: Consistently Inconsistent

As it stands, U.S. citizens found guilty of felony offenses are restricted from voting to different degrees. For such crimes, 13 states allow voting once released from prison, 5 permit ballot casting upon the completion of parole, 18 require parole and probation before extending the franchise, and 12 may permanently ban felons from the polls. Ultimately, such policies have denied nearly one in forty adult residents from exercising their right to vote; a calculated denial of liberty that is uncharacteristic of democracy at the most basic level.

While the aforementioned statistical breakdown is alarming, two states do recognize that strict felon enfranchisement policy violates the spirit of American principle. Maine and Vermont permit all current and former prisoners to vote in both state and federal elections, and neither policy seems to have decayed the moral infrastructure of these truly sovereign state governments. In light of such exemplary policy, all states should reinstate the voting rights of felons.

One of the more fallacious perceptions regarding felon status is the idea that any person with said title must have committed a detestable act. Wrong. Felonies can be given for some of the most mundane crimes. Loitering, curfew violations, insider trading, postdating checks, and other arguably innocuous offenses are considered class A felonies in some states. Although these crimes are the culmination of poor decisions, they should not justify the restriction of a fundamental constitutional right, particularly when penalty for the offense has been paid. Ex-felons are lawfully permitted to purchase alcohol and operate heavy machinery, the combination of which can generate a far greater amount of tangible harm than ballot casting. Why, then, is voting held to such a strict standard?

Regardless of the particular circumstances surrounding a criminal act, no compelling state interest could possibly justify denying felons the franchise. Most directly, restricting this fundamental right infringes upon the U.S. Constitution. The freedom to petition, to practice religion, and to exercise unabridged speech are not withheld due to prisoner status. As such, the right to vote cannot reasonably be abridged.

America, the self-proclaimed center of the democratic world, seems to have fallen behind other nations in its failure to extend the franchise to a sizeable share of its citizens; criminals. In fact, Australia, the Czech Republic, Denmark, France, Germany, Israel, Japan, Kenya, the Netherlands, Norway, Peru, Poland, Romania, Serbia, Sweden, and Zimbabwe allow the imprisoned to vote regardless of the offense. America is falling behind the rest of the world by failing to progress the voting rights of criminals. Universality and a restoration of democratic tradition is needed in all states.

Martha Stewart was convicted of four felony counts. Do you think that these crimes should prevent her from voting the rest of her life (as they are)?



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2 Responses to Solitary Enfranchisement: Consistently Inconsistent

  1. Jared Edy says:

    Overall, I agree with your argument. To be honest, I have never really thought about this issue, and I disagreed with you as I read it the first time. However, I could not find any firm ground on the other side of this debate, rendering me to agree with you.

    A couple points I would like to make:

    1. You mention how other nations have instituted the policy you are suggesting. I feel that we should look to other nations in some situations where we can improve our country as a whole. However, just because others practice this policy does not mean we should. To be clear, I’m not saying that this is what you are implying – I don’t want to put words in your mouth.

    2. You mention that the United States is falling behind the rest of the world. I’m not sure in which situation(s) you are describing, but if you mean overall, I would disagree. Today in the Wall Street Journal, I saw that a record number of people (15 million) applied for 50,000 green cards. This tells me we are still the world leader. If you mean in regards to this issue alone, I concur.

  2. Bee Havior says:

    I have also heard that since there are disproportionate amount of African American men in jail who then cannot vote the black vote has been somewhat squashed. For an interesting look at the jail system in California check out the book The Golden Gulag.

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